Employees in the following bargaining units who have opted to participate in the Over40 Comp Time II program may participate in the Cash Out each year:

Pursuant to side letters contained in the corresponding Agreements between the State of New York and the Bargaining Units referenced above, employees are permitted to cash out up to 120 hours of accrued Over40 Comp Time II credits in each year of the program. The Governor’s Office of Employee Relations (OER) releases a memorandum to the Directors of Human Resources each year, which provides additional information. This payment may sunset at the end of each respective contract.

Contracts agreements can be found here:

https://oer.ny.gov/state-union-contracts

Payment Amount/Eligibility:

Over40 Comp Time can be accumulated to a maximum of 240 hours.

An employee may cash out up to 120 hours of accrued Over40 Comp Time once per year payable in the paycheck closest to December 1 (agencies may refer to the applicable OER Memorandums and Payroll Bulletins for exact check dates each year).

Payroll Bulletins can be found here:

https://www.osc.ny.gov/state-agencies/payroll-bulletins

The payment is calculated at the straight time rate based on the employee’s salary at the time of liquidation.

Employees are not required to be currently enrolled in the Over40 Comp Time II program or are currently employed in a position eligible to participate in order to receive the annual cash out. Please note: Employees do not have to be in an Overtime Eligible Position to receive payment. 

Last Updated: 10/28/2025